Curran v. City of Louisville
Court of Appeals of Kentucky
Case 87 — PETITIONS EQUITY — APPEALS PROM LOUISVILLE CHANCERY COURT. 1. The charter of a municipal corporation must be strictly construed. Its terms can not be extended by intendment. It can confer no powers other than those expressly granted. The charter of Louisville of 1865 does not give the city the power to condemn private property for the purpose of making a canal basin. Hence the condemnation proceedings were void.
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Case 87 — PETITIONS EQUITY — APPEALS PROM LOUISVILLE CHANCERY COURT. 1. The charter of a municipal corporation must be strictly construed. Its terms can not be extended by intendment. It can confer no powers other than those expressly granted. The charter of Louisville of 1865 does not give the city the power to condemn private property for the purpose of making a canal basin. Hence the condemnation proceedings were void. (Johnston v. Louisville, 11 Bush, 533; Cooley’s Const. Lim., 530, 594; Elliott’s Charter and Ordinances of Louisville, pages 146, 147; Hays v. Briggs, 74 Pa. St., 373; 55…
1Opinion of the Court
•JUDGE-HOLT
delivered the opinion oe the court.
The lots of the appellants, Dugan, Curran, and McDonough, together with those of other owners in the city of Louisville, were, under a writ of ad quod ■damnum in favor of the city, duly condemned in 1867 for the building of a city or canal basin, and :a wharf in connection with it, adjoining the Ohio river.
These actions were brought in 1879 by the appellants, who seek to recover the possession of their lots so condemned, and' the assessed value of which they received from the city, upon the ground that the right or perpetual easement acquired by…
2Cited by19 opinions
- Seattle Land & Improvement Co. v. City of SeattleWashington Supreme Court · 1905
- State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
- Parker v. City of St. PaulSupreme Court of Minnesota · 1891
- Sharp v. City of GuthrieSupreme Court of Oklahoma · 1915
- Boyd v. HuntTennessee Supreme Court · 1899
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